52 Or. App. 1077 - State v. Blacker’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The state argues that because defendant did not close the curtain to the window, he thereby forfeited his expectation of privacy. * * * However, where, as here, only an enhanced eye could penetrate, we do not think defendant's failure to draw the curtain should be interpreted as a renunciation of his expectation of privacy. See U.S. v. Taborda, supra, 635 F2d at 139; U.S. v. Kim, 415 FSupp 1252 (D Hawaii 1976); People v. Arno, 90 Cal App 3d 505, 153 Cal Rptr 624 (1979); see also, [1] La Fave, [Search and Seizure], § 2.2, 260-61 [1978]. "In sum, we reach the same conclusion as the United States Court of Appeals reached in Taborda : `* * * [O]bservation of objects and activities inside a person's home by unenhanced vision from a location where the observer may properly be does not impair a legitimate expectation of privacy. However, any enhanced viewing of the interior of a home does impair legitimate expectation of privacy and encounters the Fourth Amendment's warrant requirement unless circumstances create a traditional exception to that requirement.' 635 F2d at 139." 52 Or App at 1081 , 630 P.2d 413 . (Emphasis supplied).”

   1 later decision quote this exact passage
   e.g. 101 Or. App. 281 - State v. Carter

2. “The state argues that because defendant did not close the curtain to the window, he thereby forfeited his expectation of privacy. * * * However, where, as here, only an enhanced eye could penetrate, we do not think defendant's failure to draw the curtain should be interpreted as a renunciation of his expectation of privacy. See U.S. v. Taborda, supra, 635 F2d at 139; U.S. v. Kim, 415 FSupp 1252 (D Hawaii 1976); People v. Arno, 90 Cal App 3d 505, 153 Cal Rptr 624 (1979); see also, [1] La Fave, [Search and Seizure], § 2.2, 260-61 [1978].”

   1 later decision quote this exact passage
   e.g. 101 Or. App. 281 - State v. Carter

3. “"The vice of telescope viewing into the interior of a home is that it risks observation not only of what the household should realize might be seen by unenhanced viewing, but also of intimate details of a person's private life which he legitimately expects will not be observed either by naked eye or enhanced vision * * *." 52 Or. App. at 1080 , 630 P.2d 413 . (Footnotes omitted.)”

   1 later decision quote this exact passage
   e.g. 101 Or. App. 281 - State v. Carter